ADVOKS GLOBAL · KENYA
Companies Act
233. Persons who are subject to foreign restrictions
Edition: 2024-12-27 · In force
233. Persons who are subject to foreign restrictions
(1)For the purposes of this Division, a person is subject to foreign restrictions if, under the law of a country or territory outside Kenya, the person—(a)is, because of misconduct, incompetence or mental or physical incapacity—(i)disqualified to any extent from acting in connection with the affairs of a company; or(ii)required to obtain permission from a court or regulatory authority, or satisfy any other condition or requirement, before acting in connection with the affairs of a company; or(b)has, because of misconduct, incompetence or mental or physical incapacity, given undertakings to a court or other authority of a country or territory outside Kenya—(i)not to act in connection with the affairs of a company; or(ii)restricting the extent to which, or the way in which, the person may act in connection with the affairs of a company.(2)For the purposes of subsection (1), acting in connection with the affairs of a company includes—(a)being a director of the company; or(b)being concerned or taking part in the promotion, formation or management of the company.(3)In this section—(a)"company" means a company incorporated or formed under the law of the country or territory outside Kenya; and(b)in relation to such a company, "director" means the holder of an office corresponding to that of director of a Kenyan company.